Possession of Marijuana is prohibited by MCL 333.7403, and is a misdemeanor punishable by up to a year in jail, and a fine of up to $2,000. If you have a prior drug conviction, a second offense Possession of Marijuana is eligible to have the drug supplemental statute applied, and becomes a felony punishable by up to 2 years in prison, and a fine of up to $4,000. If you have been charged with Possession of Marijuana, it is important that you contact a Grand Rapids marijuana defense attorney immediately.
A conviction for possession of marijuana will also result in suspension of your driver’s license. On a first offense, your driver’s license will be suspended for six months. The judge may grant a restricted license after a period of 30 days, in his or her discretion. A restricted license would allow you to drive back and forth to work, probation appointments, medical appointments, and in some other limited circumstances. However, for a period of at least 30 days, you will have a “hard” suspension, and will not be permitted to drive, period.
Each possession of marijuana case is unique, and if you are charged with possessing marijuana, you need an attorney who can spot the relevant issues, and mount a vigorous defense on your behalf.
Search and seizure issues tend to be major issues in marijuana cases. Police officers often search vehicles, and sometimes even homes, without warrants. The odor of marijuana is often an issue in many cases, and determining whether or not probable cause existed can sometimes make or break a case. These issues need to be analyzed carefully and thoroughly.
Suppression of statements taken in violation of a defendant’s Miranda rights also can significantly impact the success of a case. While we always hope that a client has taken their right to remain silent seriously, many do not, and felt enough pressure in the moment that they made incriminating statements to law enforcement. A Grand Rapids marijuana defense attorney will need to explore whether or not those statements were made without the defendant being advised of their rights, and while they were in custody.
In Michigan, if you have received a recommendation from a doctor that the use of marijuana would benefit you medically before you arrest, whether or not you actually have a valid medical marijuana card, you may also have an affirmative defense under the Michigan Medical Marijuana Act. The Michigan Court of Appeals has continued to make this defense more and more complicated, so it is important that you contact an experienced Grand Rapids marijuana defense attorney to present a successful defense to the court.
If you have been charged with possession of marijuana, contact the Grand RapidIf you have been charged with possession of marijuana, contact a Michigan marijuana defense lawyer at Miel & Carr, PLC at 616-773-2945 for a consultation.